National Consultant for Legal Aid services for the Children and Young People in Yangon & Ayeyarwaddy Division, UNICEF, Myanmar (Open to Myanmar Nationals Only)

Contract

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For every child, protection

UNICEF Myanmar

Purp****ose of Activity/Assignment:

To Respond the instances of arbitrary arrest and detention, to access to justice options and processes, and to ensure that children's rights in the criminal justice system are better protected by making legal aid services available to children from Yangon & Ayeyarwaddy.

Scope of Work:

Due to the current political situation in Myanmar, Nationwide protests continue across Myanmar starting from 4th Feb 2021 following a weekend to oppose the coup. Children are the first to suffer, and despite the efforts of authorities, children’s rights are often blatantly violated. Access to justice is a central component of any good rule of law framework that works to promote justice, accountability and a fundamental international human right. Political instability is threatening the lives of more and more children across Myanmar. Some of the children including street children are being abused of their rights. Children are being forced to use in criminal activities by providing incentives and threat to them to do illegal actions. Some are involved in the peaceful demonstration in some areas. Children are being detained by public and arrested by the authority. Due to current political transition, curfew order from 8 pm to 4am was issued, consequently some youth and children are being suspected and arrested by the authority. As of 24 July 2023, a total of 239,930 people including children has been arrested, charged or sentenced, according to assistance Association for Political Prisoners (Burma). According to the UNICEF’s legal aid partners information, it was estimated that almost 1,000 children and young people have been arbitrarily detained. And while many of those detained have subsequently been released, many are still being held without access to legal counsel, in violation of their human rights. The role of lawyers is critical in this situation. Volunteer Lawyers are providing legal advice, consultation and legal aid support to the detained children, young people and their family without receiving any charges. After two months, the detained cases are still increasingly, and the lawyers are facing difficulties to provide free of charges for all the services. Moreover, under the 2022 Multi Year Workplan of UNICEF, it was planned to support children protection appropriate specialized services including legal aid under activity 2.1. In this regards UNICEF child protection section will provide funding support to the lawyer to (1) Assist child/young people (under 25) cases at the police station (2) Represent child/ young people (under 25) cases at the Court (3) Conduct court monitoring (4) Provide Legal advice and Legal counselling (5) Provide Social support for the children and youth who detained and recently released from detention (6) Refer child cases to other victim assistance service providers

Duty Station:

Home‐based with travel to Yangon & Ayeyarwaddy Division

Duration of the Contract:

7 months, flexible hours managed by the consultant.

Description of Assignment:

Task 1:

Legal Aid support for the children and youth in Yangon and Ayeyarwaddy • Identify local lawyers in Yangon and Ayeyarwaddy Division • Providing technical guidance to local lawyers to handle the cases in above mention area • Representing child / youth cases at the police station and court himself or through local lawyers • Providing Legal advice and Legal counselling • Facilitating contact to the child and parents for the services that they can receive • Referring the cases to other service provider

Deliverable 1:

Representing (20) children and young people (under 25) at the police station.

Consultant need to summit (1) police case number of the cases letter of agreement by the parent/guardian to represent at the police station (for child case) and letter of agreement by the clients (if young people’s cases)

Deliverable 2:

Representing (65) children and young people (under 25) at the courts.

Consultant need to summit (1) Court case number of the cases (2) Copy of the Letter of Attorney (if possible) because in some children cases the judges allow to attend and represent the lawyers at the court hearing session although approved letter of attorney cannot get in time. (3) Court orders and/or verdict of the judges or Court Monitoring Report (4) letter of agreement by the parent/guardian to represent at the police station (for child case) and letter of agreement by the clients (if youth cases)

Deliverable 3:

Providing legal advice to (50) children and young people (under 25)

Consultant need to summit Case records which include case number, call times and brief description

Task 2:

Social support through case management referral mechanisms for the children and youth who detained and recently released from detention

• Providing emergency medical support • Transportation to return to parents/caregiver

• Hostel hiring cost (migrant youth who are staying at the hostel in Yangon) • Meal (as soon as they release need meal) • Other basic needs (CP kits and adolescent kits) • Potable handset, sim card and top up for communication (all the mobiles are kept by the police or authorities when they were detained)

Deliverable 4:

Providing Social support for (35) the children and young people (under 25) who detained and recently released from detention

Consultant needs to submit (1) Actual expenses receipts (2) Signatures of clients which are mentioned that they received the support. (3) Case records which include case number, support provided

Task 3:

Data collection and management

• Recording the cases by using UNICEF Legal case management data sheet • Reporting weekly the number of clients who are supported starting from the contract

Deliverable 5:

• Weekly report for Legal case management data sheet and • Weekly report total number of the clients

To qualify as an advocate for every child you will have…

• Bachelor of Law (L.L.B) • Holding valid Lawyer’s License

• At least 5 years of professional work experience in practicing law in Myanmar ‐ including experience in court representation. • Demonstrated experience of working in the area of providing legal services for the children. • Experience of emergency contexts is desired. • Ability to work in sensitive and stressful environment. • Willingness and availability to take up the assignment immediately.

Please complete the following "Expression of Interest Form" and ensure to attach in your applications: EOI - Yangon Ayeyarwaddy final.doc

For every Child, you demonstrate…

UNICEF's values of Care, Respect, Integrity, Trust, Accountability, and Sustainability (CRITAS).

To view our competency framework, please visit here.

UNICEF is here to serve the world’s most disadvantaged children and our global workforce must reflect the diversity of those children. The UNICEF family is committed to include everyone, irrespective of their race/ethnicity, age, disability, gender identity, sexual orientation, religion, nationality, socio-economic background, or any other personal characteristic.

UNICEF offers reasonable accommodation for consultants/individual contractors with disabilities. This may include, for example, accessible software, travel assistance for missions or personal attendants. We encourage you to disclose your disability during your application in case you need reasonable accommodation during the selection process and afterwards in your assignment.

UNICEF has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UNICEF, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. UNICEF also adheres to strict child safeguarding principles. All selected candidates will be expected to adhere to these standards and principles and will therefore undergo rigorous reference and background checks. Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.

Remarks:

Only shortlisted candidates will be contacted and advance to the next stage of the selection process.

Individuals engaged under a consultancy or individual contract will not be considered “staff members” under the Staff Regulations and Rules of the United Nations and UNICEF’s policies and procedures, and will not be entitled to benefits provided therein (such as leave entitlements and medical insurance coverage). Their conditions of service will be governed by their contract and the General Conditions of Contracts for the Services of Consultants and Individual Contractors. Consultants and individual contractors are responsible for determining their tax liabilities and for the payment of any taxes and/or duties, in accordance with local or other applicable laws.

The selected candidate is solely responsible to ensure that the visa (applicable) and health insurance required to perform the duties of the contract are valid for the entire period of the contract. Selected candidates are subject to confirmation of fully-vaccinated status against SARS-CoV-2 (Covid-19) with a World Health Organization (WHO)-endorsed vaccine, which must be met prior to taking up the assignment. It does not apply to consultants who will work remotely and are not expected to work on or visit UNICEF premises, programme delivery locations or directly interact with communities UNICEF works with, nor to travel to perform functions for UNICEF for the duration of their consultancy contracts.